A.
Establishment. The Planning Board heretofore created by the Borough of Glen Gardner is continued and is hereby established pursuant to the Municipal Land Use Law as the Planning Board for said municipality.
B.
Composition. The Planning Board shall consist of nine members who shall be divided into four classes for convenience in designating their manner of appointment, as follows:
(1)
Class I: The Mayor.
(2)
Class II: One of the officials of the municipality other than a member of the Borough Council, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by P.L. 1976, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there is among the Class IV members of the Planning Board both a member of the Board of Adjustment and a member of the Board of Education.
(3)
Class III: A member of the Borough Council to be appointed by it.
(4)
Class IV: Six other citizens of the municipality to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Board of Adjustment and one member may be a member of the Board of Education. If there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there is among the Class IV alternate members of the Planning Board both a member of the Zoning Board of Adjustment or Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Municipal Environmental Commission shall be deemed a Class II member of the Planning Board.
C.
Terms of office; vacancies. The term of the member composing Class I shall correspond to his or her official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he or she is no longer a member of such other body or at the completion of his or her Class IV term, whichever occurs first. The terms of the Class IV members first appointed under this article shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment as above provided for the unexpired term. Any member other than a Class I member, after a public hearing if he or she requests one, may be removed by the Borough Council for cause.
D.
Alternate members.
(1)
There shall be two alternate members in Class IV. Alternate members of Class IV shall serve for terms of two years; provided, however, that the initial terms of the alternate members of Class IV shall be one and two years respectively. Such alternate members shall serve in rotation during the absence or disqualification of any regular member or members of Class IV. Alternate members shall be appointed by the same appointing authority as regular members of that class.
(2)
No alternate member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Borough Council for cause.
(3)
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
E.
Absence of member from hearing. When any hearing before the Planning Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meeting and certified in writing that the transcript was read or recording was listened to.
F.
Service without compensation. Members of the Planning Board shall serve without salary but may be paid expenses incurred in the performance of duties.
G.
Conflict of interest. No member shall be permitted to act on any matter in which he or she has, directly or indirectly, any personal or financial interest.
H.
Officers. The Planning Board shall elect a Chairman and a Vice Chairman from the members of Class IV. Their terms of office shall each be one year and they shall be eligible for reelection. The Board shall also select a Secretary, who may or may not be a member of the Planning Board, and the Board shall create and fill such other offices as it shall determine.
I.
Planning Board Attorney, other staff and consultants. The office of Planning Board Attorney is hereby created. The Planning Board may annually appoint to such office and fix the compensation or rate of compensation of an attorney at law of the State of New Jersey other than the Attorney for the municipality. The Planning Board may also employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. Obligations for the foregoing shall not exceed, exclusive of gifts or grants, the amounts agreed upon and appropriated for the Board's use.
J.
Powers of Planning Board. The Planning Board shall have the power to:
(1)
Prepare and adopt a Master Plan for the physical development of the municipality and amend or revise the same from time to time;
(2)
Whenever a proposed development requires approval of a subdivision, site plan or conditional use, but not a use variance, the Planning Board, in lieu of the Board of Adjustment and to the same extent and subject to the same restrictions as such Board, shall receive, review and act upon applications for hardship variances and applications for special permits. The developer may elect to submit a separate application requesting approval of the hardship variance or special permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the hardship variance or special permit shall be conditioned upon granting of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless it is without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter;
(3)
Participate in the preparation and review of programs or plans required by state or federal law or regulation;
(4)
Assemble data on a continuing basis as part of a continuous planning process; and
(5)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other agencies or officers.
K.
Exclusivity of powers. No power expressly authorized by this article to be exercised by the Planning Board shall be exercised by any other body except as otherwise provided in this chapter.